Archive | October 2021

Judge Susan K. Weaver Appoints Attorney William Z. White KING OF THE COURT

Hear ye, Hear ye!

Searcy County Circuit Court Judge Susan Kaye Weaver has refrained from granting a motion to quash a ridiculous subpoena issued by Mr. White of Heber Springs. The subpoena demanded me to produce all tangible and intangible items that pertain to me or three trusts or my former partner since 2009.

I’m still scratching my head, trying to figure out how to produce an “intangible” and wondering how to print out all the blog posts, emails, receipts, contracts, letters, complaints and evidence, litigation documents and other items that were supposed to be produced in three days.

The effect of not ruling on my objection and motion to quash is that I am not required to produce the requested items. But it leaves it open. At any moment, Judge Weaver can deny my motion to quash. (She took 14 months to rule on a motion to compel arbitration, so the subpoena may become effective some time in 2032.)

On Friday afternoon, Mr. White decided to be obnoxious again. Here is part of his email to me:

“Also, please accept this as my only good faith attempt to resolve the production of the documentary evidence I have commanded you to produce via my subpoena.  You have until 5:00 p.m. Monday October 25, 2021 to begin to produce the documents I have commanded you to produce.  If you fail to begin producing the commanded documentation I will move forward with a petition for discovery sanctions and contempt charges seeking among other things your incarceration.   I hope you have a good weekend.”

He has “commanded” that I produce the documents. Commanded.

Black’s Law Dictionary does contain the word “command”.

command n. (14c) 1. An order; a directive. 2. In legal positivism, the sovereign’s express desire that a person act or refrain from acting a certain way, combined with the threat of punishment for failure to comply.

Well, that makes Zac White the sovereign. I best bow down, genuflect and borrow a box truck to fill with items tangible and intangible.

Does anyone know where I put that dream I had on May 16, 2013?

Am I the Only One Who Notices Court Corruption?

In the last few months, Judge Weaver in Faulkner County and Searcy County has lied…flat out lied…she directed the Court Reporter to transcribe a hearing inaccurately and she has looked the other way while opposing counsel gets away with…not murder, but the unethical taking of a 40 acre property and threatening me, a 59 year old woman with incarceration.

Judge Charles Clawson in Faulkner County District Court had ex parte communications with an opposing party. He eventually recused from my case, but only after dooming it (barring one honest, just judge undoing the damage).

If they treat me this way, they must treat others like this. Please let me know your story. Send an email to bohemian_books@yahoo.com and let me know how much is confidential, or if something can be repeated but not attributed to you.

Thanks.

Arkansas Judge Allowed to Conspire With Court Reporter to Create Inaccurate Transcript

Judge Susan Weaver made up a lie. She said she made an oral order during a hearing on August 4, 2021. Then, 15 days later, she put the purported oral order into writing and claimed the adversely affected litigant had not made an opposition timely.

Five days later, the Court Reporter Jana Perry produced a transcript of the hearing. Lo and behold, the Judge was quoted as making the oral order and there was no objection from the adversely affected litigant, me.

I tried to obtain a copy of the recording of the August 4th hearing, both by a motion in the underlying case and by an independent FOIA request. (Freedom of Information Act)

Judge Weaver refused thus far to allow the recording to be played.

I filed a Federal claim under 42 USC 1983 for deprivation of my constitutional right to due process and equal protection under the 14th Amendment.

Arkansas Attorney General Leslie Rutledge’s office defended the Judge and Court Reporter.

Deputy AG Michael Mosley filed a motion to dismiss.

Mr. Mosley misstated the complaint and attributed me with saying the court waited 10 days after the written motion to grant it. I clearly wrote that the written motion was granted one day after it was written.

Federal District Court Judge Billy Roy Wilson characterized the suit thus: “Plaintiff filed a complaint criticizing how her state-court case is proceeding.” He dismissed the complaint with no leave to amend.

I was not criticizing the proceedings in state court in general. I was criticizing that inaccurate transcripts are being created, purposefully, by a judge and a court reporter.

Apparently Judge Wilson and Attorney General Leslie Rutledge believe we have no constitutional right to an accurate record of court proceedings.

Eventually the recording of the August 4th hearing may be made public.

Or maybe not.

Arkansas Attorney General Leslie Rutledge does not Agree to Meet with Plaintiff for Settlement Conference

This writer filed a civil rights action against three alleged conspirators. Two of the alleged conspirators are government employees named as individuals, so they get to be represented by the Attorney General’s office on the tax payer’s dollars.

It is alleged that Judge Susan Weaver and Court Reporter Jana Perry conspired with opposing counsel on the case of Micheal Pietrczak v. Rural Revival Living Trust, et al, to make an inaccurate transcript of a hearing on August 4, 2021.

The inaccuracies include (but are not limited to) inventing a lengthy dialogue in which Judge Weaver supposedly made an oral order on an oral motion to extend time to serve summons on the Trust defendant. Even in the fictional transcript, Judge Weaver admits she does not “normally” allow an oral motion for this. It is not normally done because it is not allowed, period. The Judge might try reading Arkansas Rules of Civil Procedure 4(i)(2).

I reached out to Michael Mosley, Deputy AG representing the defendants.

There is a strong public policy to attempt to settle cases without court intervention. So I suggested a settlement conference.

Here is our email text:

On Oct 19, 2021, at 3:00 PM, Laura Lynn bohemian_books@yahoo.com

Dear Mr. Mosley,

Pursuant to Rule 1 of the Federal Rules of Civil Procedure, I am suggesting we meet and confer to explore if early resolution of our dispute is possible.

Let me know the best day and time for you if you are agreeable.

Thank you,

Laura Hammett

Ms. Hammett, we decline your invitation. Have a nice day. Mike Mosley

Michael A. Mosley
Assistant Attorney General
Office of Arkansas Attorney General Leslie Rutledge

You can let Mr. Mosley and Attorney General Rutledge know that you think settlement is the best use of your money by writing to michael.mosley@arkansasag.gov

Or leave a comment. Thank you.

Is it OK for Judge Susan Weaver to Make Shit Up and Have the Court Reporter Add the Fiction to a Transcript?

This is what I believe happened in Searcy County Arkansas Circuit Court.

I am suing the judge for deprivation of my constitutional rights to due process and equal protection under the law.

Judge Weaver had a motion to dismiss filed, claiming that if what I claim is true, it is of no importance, because it is part of her judicial duties covered by absolute judicial immunity and I don’t have a constitutional right to an accurate transcript. I kid you not.

Here is my response:

Court Says “No Constitutional Right to Accurate Transcript”

This writer filed a civil rights suit, known by the code name 42 USC 1983, against an attorney, a court reporter and a judge.

The sole premise of the suit is that the three conspired together and fictionalized what was said during a hearing on August 4, 2021.

Judge Susan Weaver and Court Reporter Jana Perry are represented by Michael Mosley of Arkansas Attorney General Leslie Rutledge’s office. It is normal for the government employees to receive taxpayer representation, even if as here they are named only in their individual capacities.

The Assistant Attorney General probably had the Motion to Dismiss at three clicks on his computer. It is normal for an attorney to use a template and fill in the blanks, like names and dates.

They did use a couple cases that had similar fact patterns that were from a different jurisdiction. Since there are plenty of cases with similar fact patterns within the jurisdiction, they were reaching.

Here is one of the preposterous quotes lifted from a case called Tedford v Hepting from the 3rd Circuit:

“Analysis properly begins with the observation that plaintiff does not have a constitutional right to a totally accurate transcript of his criminal trial.”

The Tedford court actually wrote that and petition for writ of cert to the US Supreme Court was denied. (That doesn’t mean the appeal was without merit. The Supremes can only hear a small percentage of cases brought to them.)

The reasoning in Tedford was that the appellant was convicted before the transcription was made, as the transcription was of the trial. The appellate court analyzed the evidence that was used to convict and found that the jury did not rely on the facts that were reported inaccurately.

My case is different and I may be able to have the MTD denied.

It is preposterous though to me that our Attorney General would propound the idea that purposefully reporting a court proceeding inaccurately does not deny the litigant’s right to due process and equal protection.

Go ahead court reporters and favored attorney’s; Let your imaginations run wild.

Helpful Hints of the Day

If you have been wronged by a big business or a government official and you can’t afford an attorney to help you…

heavy sigh…

get ready for years of abuse by the same system that is supposed to protect you.

There are good judges. There are even a few good lawyers.

Mostly, there are greedy people who want to keep the little guy down and protect the earning capacity of their fellow attorneys.

I have taken on some snakes in the system. But as my son, one of the victims of a bad family law judge said, “you can cut off the head of one snake and ten more will pop up.”

My intention was not to discourage you today. It was to bring you advice.

So, here are some important pointers that helped me to remove one bad guy from the bench and prevail in a civil suit facing five law firms.

  1. Read the rules. Read the rules of civil procedure for the “jurisdiction” your case is in.
  2. Read the rules II. Read the rules of evidence for the “jurisdiction” your case is in.
  3. Watch YouTube videos or similar. Search by key words, like “debt collector harassing me”. I listen to a video each day while I walk for exercise.
  4. Stay balanced. Play with your kids, the dog, your spouse. Eat right. Exercise.
  5. Document everything. Be professional in all you do. Be polite. Save the receipts, warranties, emails.
  6. If you are in a “single party consent” state, record every conversation you have with a company. It amazes me that so many people are willing to lie for their employer. When they hear that you taped the conversation (in a legal state or where they say “this conversation may be recorded”) they usually start offering to do what they were supposed to do in the first place.

It is up to you to decide if you will accept the right thing after whatever hell they put you through first. Or, if you are willing to stay the course and maybe get a jury verdict including punitive damages, enough to punish and deter the wrong-doer.

We’ll talk more another day. But for now, I’m going to take my own advice and go play.

Will Judge Susan Weaver Force Me to Produce My Dreams and My Poop?

[SPOILER ALERT: She did, after this post was written, but allowed 10 days.]

The most absurd subpoena was issued in Searcy County Arkansas. It requires me to produce “Any and all tangible and/or intangible financial documents and/or other items pertaining to:
a. Laura Lynn (Hammett) and/or any other alias names utilized by Laura Lynn (Hammett)” for the past 12 years.

The demand, a court order, was to produce these items in 3 days. Or else…(I’ve been threatened by the attorney, William Zac White, with contempt and being jailed.)

So, this is not limited to items in my possession. Even so, it is going to be a heck of a task to collect every birthday and Christmas card, receipt, letter, facebook post, email, video I’ve watched, legal document I’ve written (yikes!) toilet paper used, food in my cupboard, “all other tangible items”.

How does one produce their intangible items? Hope, laughter, anxiety, dreams, farts (are they tangible or intangible?), ideas?

I filed two Motions to Quash the Subpoena with Judge Susan Weaver. The three days has come and gone, and the good ol’ judge hasn’t given me a pass.

Could it have something to do with my filing that civil rights lawsuit against her because I allege she and Mr. White conspired and caused the court reporter to report a hearing inaccurately?

Just a guess.

Here is the subpoena: